,,ii #aaith ,,congress #b;d ,session ,s4 #edjb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ae1 #bjbf,mr4 ,wyden 7for himself and ,mr4 ,merkley7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to extend authorizations for aquatic ecosystem restoration projects1 multi-benefit watershed health projects1 and ,water,s,m,a,r,t grants1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,western ,water ,reinvestment ,act4 #b4 ,extension of certain authorizations for ,bureau of ,reclamation programs 7a7 ,reauthorization of certain ,bureau of ,reclamation programs 7#a7 ,aquatic ecosystem restoration program ,section #aaji7;d7 of division ,,ff of the ,consolidated ,appropriations ,act1 #bjba 7#cc ,u4,s4,c4 #bccj;c7d771 is amended by striking #bjbf and inserting #bjca4 7#b7 ,reclamation basin study program 7,a7 ,in general ,section #iejc7;f7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfc7;f77 is amended by striking #bjbc and inserting #bjcc4 7,b7 ,technical correction 7i7 ,in general ,section #aajf of division ,,ff of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj2 #acd ,stat4 #cbdj71 is amended by striking subsection 7d74 7ii7 ,effective date ,the amendment made by clause 7i7 shall take effect on the date of enactment of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj2 #acd ,stat4 #aahb74 7#c7 ,cooperative watershed management program ,section #fjjb of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #ajae;a7 is amended by striking subsection 7g7 and inserting the following3 7g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #dj1jjj1jjj for each of fiscal years #bjbg through #bjca4 4 7b7 ,water,s,m,a,r,t program improvements 7#a7 ,water management improvement ,section #iejd7;a7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd7;a77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,f71 by inserting 1 including through temporary1 voluntary1 and compensated transactions that decrease consumptive water use at a regional or watershed scale after imbalances2 and 7ii7 in subparagraph 7,j71 by striking clause 7i7 and inserting the following3 7i7 to increase ecological resilience to climate change by addressing climate-related impacts to1 or vulnerabilities of1 the water supply of the ,united ,states1 including by enhancing natural water storage within a floodplain or riparian wetland2 2 and 7,b7 in paragraph 7#c77;,b77i71 by striking subclause 7,,ii7 and inserting the following3 7,,ii7 to use the assistance provided under the grant or agreement to increase the consumptive use of water for agricultural operations above preproject levels1 as determined pursuant to the law of the ,state in which the operation of the eligible applicant is located4 4 7#b7 ,authorization of appropriations ,section #iejd7;e7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd7;e77 is amended by striking #a1jjj1jjj1jjj and inserting #a1djj1jjj1jjj4 7c7 ,cooperative watershed management program 7#a7 ,definitions ,section #fjja of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #ajae7 is amended-- 7,a7 by redesignating paragraphs 7#d7 through 7#g7 as paragraphs 7#e7 through 7#h71 respectively2 7,b7 by inserting after paragraph 7#c7 the following3 7#d7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 2 and 7,c7 in subparagraph 7,b77v7 of paragraph 7#g7 7as so redesignated7-- 7i7 in subclause 7,i71 by striking or at the end2 7ii7 in subclause 7,,ii71 by inserting or after the semicolon2 and 7iii7 by adding at the end the following3 7,,iii7 has ancestral lands within the watershed2 4 7#b7 ,program ,section #fjjb of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #ajae;a7 is amended-- 7,a7 in subsection 7c7-- 7i7 in paragraph 7#a77;,b7-- 7,i7 in clause 7i71 by striking interests2 or and inserting interests1 including ,indian tribes22 7,,ii7 by redesignating clause 7ii7 as clause 7iii72 and 7,,iii7 by inserting after clause 7i7 the following3 7ii7 demonstrate significant need due to drought1 wildfire1 or other natural disaster2 or 2 7ii7 in paragraph 7#b7-- 7,i7 in subparagraph 7,a77i71 by striking #ajj1jjj and all that follows through the period at the end and inserting #aej1jjj each year for a period of not less than #c years1 subject to the sufficiency of applications submitted and the availability of appropriations42 7,,ii7 by striking clause 7iii72 7,,iii7 by redesignating clauses 7iv7 and 7v7 as clauses 7iii7 and 7iv71 respectively2 and 7,,iv7 by adding at the end the following3 7v7 ,continuation and extension 7,i7 ,in general ,the ,secretary may1 at the discretion of the ,secretary1 issue a continuation of the first-phase grant for not more than #b additional years if the recipient of the first-phase grant has demonstrated satisfactory performance with implementation of the proposal under the initial grant1 as determined by the ,secretary4 7,,ii7 ,amounts ,a grant continued pursuant to subclause 7,i7 shall be in an amount not greater than #aej1jjj each year1 as determined to be appropriate by the ,secretary4 2 7iii7 in paragraph 7#c77;,b77ii71 by striking quantity4 and inserting the following3 quantity1 including-- 7,i7 grant writing2 7,,ii7 project management2 and 7,,iii7 technical assistance1 such as feasibility1 design1 preliminary environmental review1 and engineering4 2 and 7iv7 by adding at the end the following3 7#d7 ,continuous enrollment ,the ,secretary shall-- 7,a7 make funding opportunities for the program available on a regular basis2 and 7,b7 allow applications for grants under the program to be submitted and evaluated multiple times during a calendar year4 2 and 7,b7 in subsection 7f71 in the matter preceding paragraph 7#a71 by inserting 1 and make available to the public1 after ,house of ,representatives4 #c4 ,waterbird and shorebird habitat creation program 7a7 ,establishment 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 the ,secretary of the ,interior 7referred to in this section as the ,secretary7 shall establish a program under which the ,secretary shall provide financial assistance to eligible agricultural producers 7as identified by the ,secretary7 in ,reclamation ,states 7as defined in section #djad of the ,water ,infrastructure ,improvements for the ,nation ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb771 in the form of direct payments or credits1 as applicable1 to compensate the agricultural producers for the creation and maintenance of waterbird and shorebird habitats4 7#b7 ,limitation on amount of financial assistance ,not more than a total of #c1ejj1jjj of financial assistance may be provided for each fiscal year under paragraph 7#a74 7#c7 ,conditions ,financial assistance may be provided under paragraph 7#a7 only if the ,secretary determines that the activities receiving the financial assistance would-- 7,a7 create new habitat that would not otherwise be created2 or 7,b7 maintain existing habitat that would not otherwise be maintained4 7b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #c1ejj1jjj for each of fiscal years #bjbg through #bjca1 to remain available until expended4 7c7 ,report ,not later than ,october #a1 #bjbg1 and every #b years thereafter1 the ,secretary shall submit to ,congress a report that describes the environmental performance of activities that are receiving1 or have received1 financial assistance under this section during the period covered by the report4 #d4 ,drought planning and fisheries 7a7 ,drought planning and preparedness for critically important fisheries 7#a7 ,definitions ,in this subsection3 7,a7 ,critically important fishery ,the term critically important fishery means-- 7i7 a fishery located in a ,reclamation ,state that is commercially1 culturally1 or recreationally important2 7ii7 a fishery located in a ,reclamation ,state that contains fish species that are listed as threatened or endangered pursuant to the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7iii7 a fishery located in a ,reclamation ,state that is used by #a or more ,indian ,tribes in the ,reclamation ,state for ceremonial subsistence or commercial purposes4 7,b7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7,c7 ,qualified ,tribal government ,the term qualified ,tribal government means any government of an ,indian ,tribe that the ,secretary determines-- 7i7 is involved in fishery management and recovery activities1 including activities under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7ii7 has the management and organizational capability to maximize the benefits of assistance provided under paragraph 7#c74 7,d7 ,reclamation ,state ,the term ,reclamation ,state has the meaning given the term in section #djad of the ,water ,infrastructure ,improvements for the ,nation ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb74 7,e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service4 7#b7 ,drought plan for critically important fisheries 7,a7 ,in general ,not later than ,january #a1 #bjbg1 and every #c years thereafter1 the ,secretary1 in consultation with the ,director of the ,national ,marine ,fisheries ,service1 the ,commissioner of ,reclamation1 the ,chief of ,engineers1 applicable ,state fish and wildlife agencies1 and qualified ,tribal governments1 shall prepare a plan to sustain the survival of critically important fisheries during future periods of extended drought through-- 7i7 voluntary1 compensated actions by private landowners and water right holders2 or 7ii7 other investments in drought preparedness made by the ,secretary4 7,b7 ,considerations ,in preparing the plan under subparagraph 7,a71 the ,secretary shall take into consideration-- 7i7 habitat restoration efforts designed to provide drought refugia and increased fishery resilience during droughts2 7ii7 relocating the release location and timing of hatchery fish to avoid predation and temperature impacts2 7iii7 barging of hatchery release fish to improve survival and reduce straying2 7iv7 coordination with water users1 the ,commissioner of ,reclamation1 ,state fish and wildlife agencies1 qualified ,tribal governments1 and interested public water agencies regarding voluntary water transfers1 including through groundwater substitution activities1 to determine if water releases can be collaboratively managed in a way that provides additional benefits for critically important fisheries without negatively impacting wildlife habitat2 7v7 hatchery management modifications1 such as expanding hatchery production of fish during periods of extended drought1 if appropriate for a particular river basin2 7vi7 hatchery retrofit projects1 such as the installation and operation of filtration equipment and chillers1 to reduce disease outbreak1 egg mortality1 and other impacts of droughts in high water temperatures2 7vii7 increasing rescue operations of upstream migrating fish2 7viii7 improving temperature modeling and related forecasted information to predict water management impacts to the habitat of critically important fisheries with a higher degree of accuracy than current models2 7ix7 programs to reduce predation losses at artificially created predation hot spots2 7x7 habitat restoration efforts designed to provide drought refugia and increased fisheries resilience during droughts2 and 7xi7 retrofitting existing water facilities to provide improved temperature conditions for fish4 7#c7 ,public comment ,before finalizing a plan under paragraph 7#b71 the ,secretary shall provide for a public comment period of not less than #ij days4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out fish1 stream1 and hatchery activities relating to fish recovery efforts1 including activities carried out in coordination with the ,director of the ,national ,marine ,fisheries ,service1 the ,commissioner of ,reclamation1 the ,chief of ,engineers1 applicable ,state fish and wildlife agencies1 or a qualified ,tribal government1 #be1jjj1jjj for fiscal year #bjbg4 7#e7 ,effect ,nothing in this subsection affects any obligation under any ,federal environmental law4 7b7 ,sustaining biodiversity during droughts ,section #iejc7;b7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfc7;b77 is amended-- 7#a7 in paragraph 7#c77;,d71 by inserting and native biodiversity after wildlife habitat2 and 7#b7 in paragraph 7#d77;,b71 by inserting and drought biodiversity plans to address sustaining native biodiversity during periods of drought after restoration plans4 7c7 ,reauthorization of ,fisheries ,restoration and ,irrigation ,mitigation ,act of #bjjj 7#a7 ,definition of ,pacific ,ocean drainage area ,section #b7a7 of the ,fisheries ,restoration and ,irrigation ,mitigation ,act of #bjjj 7#af ,u4,s4,c4 #ggg note2 ,public ,law #ajf-ejb7 is amended by inserting or a terminal lake before the period at the end4 7#b7 ,authorization of appropriations ,section #aj7;a7 of the ,fisheries ,restoration and ,irrigation ,mitigation ,act of #bjjj 7#af ,u4,s4,c4 #ggg note2 ,public ,law #ajf-ejb7 is amended by striking #ae million through #bjba and inserting #be1jjj1jjj for each of fiscal years #bjbg through #bjca4 #e4 ,categorical exclusion for aquatic restoration 7a7 ,definitions ,in this section3 7#a7 ,aquatic restoration ,the term aquatic restoration means-- 7,a7 restoring wetlands1 streams1 riparian areas1 or other water bodies by removing1 replacing1 or modifying water control structures1 such as dams1 levees1 dikes1 ditches1 culverts1 pipes1 drainage tiles1 valves1 gates1 and fencing1 to allow waters to flow into natural channels and floodplains and restore natural flow regimes1 to the extent practicable1 where valid existing rights or special use authorizations are not unilaterally altered or canceled1 including-- 7i7 repairing an existing water control structure that is no longer functioning properly with minimal dredging1 excavation1 or placement of fill and without releasing hazardous substances2 7ii7 installing a newly designed structure that replaces an existing culvert to improve aquatic organism passage and prevent resource and property damage where the road or trail maintenance level does not change2 7iii7 removing a culvert and installing a bridge to improve aquatic or terrestrial organism passage or prevent resource or property damage where the road or trail maintenance level does not change2 7iv7 removing a human-built small earthen dam1 rock-fill dam1 or low-head dam 7as defined in section #f7;g7 of the ,national ,dam ,program ,safety ,act 7#cc ,u4,s4,c4 #dfg;d7g777 with a low hazard potential classification that is no longer needed2 7v7 the construction of small water control structures2 7vi7 the removal of vegetation1 trees1 or invasive species for aquatic habitat improvement purposes1 if-- 7,i7 no or negligible environmental disturbances are anticipated2 and 7,,ii7 the project has a footprint of not more than #cj acres2 7vii7 the planting of seeds or seedlings and other minor revegetation actions2 and 7viii7 the construction of small berms or dikes2 7,b7 the development of limited access for routine maintenance and management purposes requiring not more than #a mile of temporary road construction2 7,c7 the construction of new1 or the addition of1 small structures or improvements1 including structures and improvements for the restoration of wetland1 riparian1 instream1 or native habitats1 which result in no or only minor changes in the use of the affected local area2 and 7,d7 modifications to1 maintenance of1 or new construction and placement of1 stream or lake aquatic habitat improvement structures using native materials or normal practices1 including-- 7i7 reconstructing a gabion with stone from a nearby source2 7ii7 7,i7 construction of aquatic habitat improvement structures made from a combination of woody1 earthen1 stone1 or gravel materials2 and 7,,ii7 placement of the structures referred to in subclause 7,i7 within an incised stream channel to restore natural watershed processes and habitat2 7iii7 adding brush to lake fish beds2 and 7iv7 cleaning and resurfacing a fish ladder at a hydroelectric dam4 7#b7 ,categorical exclusion ,the term categorical exclusion has the meaning given the term in section #aaa of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;e74 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,commissioner of ,reclamation4 7b7 ,categorical exclusion 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall develop a categorical exclusion for aquatic restoration4 7#b7 ,administration ,in developing and administering the categorical exclusion under paragraph 7#a71 the ,secretary shall-- 7,a7 comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,b7 apply any extraordinary circumstance under section #df4bae of title #dc1 ,code of ,federal ,regulations 7or a successor regulation71 in determining whether to use the categorical exclusion4 #f4 ,reauthorization of ,deschutes ,river ,conservancy ,working ,group 7a7 ,definition of ,working ,group ,section #cja7;a7 of the ,oregon ,resource ,conservation ,act of #aiif 7,public ,law #ajd-bjh2 #aaj ,stat4 #cjji-ecd2 #abb ,stat4 #hcf7 is amended by striking paragraph 7#a7 and inserting the following3 7#a7 ,working ,group ,the term ,working ,group means the ,deschutes ,river ,conservancy ,working ,group composed of a board of directors of not fewer than #aj1 but not more than #ae1 members nominated by the group represented by the member1 of whom-- 7,a7 #b members shall be representatives of the environmental community in the ,deschutes ,river ,basin2 7,b7 #b members shall be representatives of the irrigated agriculture community in the ,deschutes ,river ,basin2 7,c7 #b members shall be representatives of the ,confederated ,tribes of the ,warm ,springs ,reservation of ,oregon2 7,d7 #a member shall be a representative of the hydroelectric production community in the ,deschutes ,river ,basin2 7,e7 #a member shall be a representative of #a of the ,federal agencies with authority and responsibility in the ,deschutes ,river ,basin2 7,f7 #a member shall be a representative of an agency of the ,state of ,oregon with authority and responsibility in the ,deschutes ,river ,basin1 such as-- 7i7 the ,oregon ,department of ,fish and ,wildlife2 or 7ii7 the ,oregon ,water ,resources ,department2 and 7,g7 #a member shall be a representative of a unit of local government in the ,deschutes ,river ,basin4 4 7b7 ,reauthorization2 administrative costs ,section #cja of the ,oregon ,resource ,conservation ,act of #aiif 7,public ,law #ajd-bjh2 #aaj ,stat4 #cjji-ecd2 #abb ,stat4 #hcf7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#c71 by striking #bjaf and inserting #bjcb2 and 7,b7 in paragraph 7#f71 by striking #e percent and inserting #aj percent2 and 7#b7 in subsection 7h71 by striking #bjaf and inserting #bjcb4